scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Ardrian Yolanda ◽  
Ali Hanafiyah

The thesis aims to determine the application of advances in the provisions of the prevailing laws and regulations. And how the legal consequences for violations of the provisions stipulated by regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies, and regulation of the Financial Services Authority No. 35/POJK. 05/2018 on the implementation of business financing company. The type of research used in this study is normative juridical law research conducted by examining the library material or secondary data as the basic material to be examined by conducting a search of the rules and literature relating to the investigated issues. The result of this thesis study shows that regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies and regulations of the Financial Services Authority No. 35/POJK. 05/2018 concerning the implementation of the financing company is not contrary to the prevailing laws and regulations. However, the regulations have not been implemented optimally in the field, because there are still many violations regarding the promotion of low DP in dealers who have been in cooperation with leasing. In regulation of the Minister of Finance shall apply a 20% advance payment and in regulation of the Financial Services Authority at least 10%. But there are still some leasing that violates the provisions far from the prevailing provisions. The consequences of applicable law in the form of warnings, suspension of business activities, and revocation of business licenses. But because there is no firm supervision in the field make dealers/leasing often commit violations, causing uncertainty in law enforcement.


2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.


2018 ◽  
Vol 7 (3.25) ◽  
pp. 114
Author(s):  
Thesa Adi Purwanto ◽  
. .

Islamic banking in their activity base on Islamic principles that is agreement regulation on Islamic Law between Bank and others to saving and or financing an activity or business which suit Islamic role. There are several forms of financing, such as financing on sharing profit principle (mudharabah), financing on participation principle (musyarakah), transaction goods principle which get profit (murabaha), financing capital goods on rent principle without choice (ijarah), or with transfer authority over the rent goods from bank to others (ijarah wa iqtina). Furthermore, development of Islamic banking either in Indonesia or Malaysia must be followed with new law and regulation from their government, especially for rules on taxation over transaction on Islamic banking. This is critical because there are different interpretation and argumentation between practitioners of Islamic banking and the government about the subject of Value Added Tax on murabaha transaction. This research used a qualitative approach, using literature study, which emphasizes books as an object and field study with collecting data by interviewing and also using secondary data. As a result, both Indonesia and Malaysia has undergone essential steps to provide Islamic finance with appropriate banking and tax regulations that have succeeded in supporting the Islamic financial system.  


2017 ◽  
Vol 36 (3) ◽  
pp. 115-126 ◽  
Author(s):  
Ramesh Pandita ◽  
Shivendra Singh

Purpose The present study aims to determine the prevailing trend of self-citations across 27 major subject disciplines at global level. The study also examines the aspects like percentage of self-citations in each individual subject discipline and the average number of self-citations per publication across different subject disciplines. The study also investigates self-citation percentage of research articles published from the 20 leading research countries of the world and across the continents. Design/methodology/approach The study is supported by empirical findings undertaken on secondary data retrieved from SCImago Journal and Country Ranking, which is entirely based on the SCOPUS data source (SCImago, 2014). Findings In all, 76,634,557 citations were received by as many as 14,946,975 research articles published from 2008-2012 at an average of 5.12 citations per article. Of the total citations received, 26,404,609 (34.45 per cent) were self-citations, which means that of the total citations received by each research article, 1.76 are self-citations. Compared to subject disciplines falling under social and humanistic sciences, pure and applied sciences have shown a greater trend of self-citation. On average, 4.18 self-citations were observed in each research article published in multidisciplinary subject disciplines. Of the total citations received by research articles published in the discipline of Psychology, 43.69 per cent are self-citations, the highest among all the subject disciplines under study. Of the total self-citations received by all the subject disciplines under study, 18.43 per cent were received alone in medicine, highest among all, whereas Social and Humanistic sciences received less than 1.00 per cent self-citations, the lowest among all the subject disciplines. Originality/value This study is original and first of its kind covering each individual subject discipline having global scope.


2020 ◽  
Vol 8 (2) ◽  
pp. 222
Author(s):  
Sari Tri Suprapto ◽  
Dona Budi Kharisma

Abstract<br />This article aims to determine the factors that hinder the effectiveness of the application of the Indonesian <br />National Standard (SNI) on children’s toys. The research methodology used is empirical research, which<br />is researching secondary data at first, then continuing research on primary data in the field or the<br />community. Legal research materials used are primary and secondary legal materials, the technique<br />used in gathering legal materials is depth interviews and document studies or library materials. The<br />results showed that there were factors that hindered the effectiveness of the implementation of the <br />Indonesian National Standard (SNI), which was due to the community being indifferent or not paying <br />attention to the importance of standardization in children’s toys besidesthe lack of merchant knowledge<br />to the importance of SNI in children’s toys.In the application of SNI, there are inhibiting factors, namely<br />the Law factor indicated by the absence of regional regulations governing mandatory SNI on children’s<br />toys, law enforcement factors namely the lack of work ethic in law enforcement, facility and infrastructure<br />factorsare indicated by communication tools that do not yet support the role of law enforcers to maximize<br />their performance, community factors many people who do not know the importance of SNI in children’s<br />toys due to the lack of socialization they get, cultural factors are shown by the legal culture or immature<br />legal habits of society so that the effectiveness of the mandatory forefront of SNI is not running optimally.<br />Keywords: SNI; Children Toys; Effectiveness.<br />Abstrak<br />Artikel ini bertujuan untuk mengetahui faktor-faktor yang menjadi penghambat efektivitas penerapan <br />Standar Nasional Indonesia (SNI) pada mainan anak. Metodologi penelitian yang digunakan adalah<br />penelitian empiris, yaitu meneliti data sekunder pada awalnya, untuk kemudian dilanjutkan penelitian<br />terhadap data primer di lapangan atau terhadap masyarakat. Bahan penelitian hukum yang digunakan<br />adalah bahan hukum primer dan sekunder, teknik yang digunakan dalam pengumpulan bahan hukum<br />adalah depth interview dan studi dokumen atau bahan pustaka. Hasil penelitian menunjukkan terdapat<br />faktor yang menghambat efektivitas penerapan Standar Nasional Indonesia (SNI) yaitu dikarenakan<br />masyarakat acuh atau tidak memperhatikan betul pentingnya standardisasi pada mainan anak selain<br />itu  kurangnya pengetahuan pedagang terkait pentingnya SNI pada mainan anak. Dalam penerapan<br />SNI terdapat faktor-faktor yang menghambat yaitu faktor Undang-Undang ditunjukkan dengan belum<br />adanya peraturan daerah yang mengatur tentang wajib SNI pada mainan anak, faktor penegak hukum<br />yaitu masih kurangnya etos kerja pada penegak hukum, faktor sarana dan prasarana ditunjukkan<br />dengan alat komunikasi yang belum menunjang peranan penegak hukum untuk memaksimalkan<br />kinerjanya, faktor masyarakat yaitu banyak masyarakat yang belum mengetahui pentingnya SNI pada<br />mainan anak dikarenakan kurangnya sosialisasi yang mereka dapatkan, faktor kebudayaan ditunjukkan<br />dengan budaya hukum atau kebiasaan hukum masyarakat yang belum matang sehingga efektivitas <br />penerapan wajib SNI tidak berjalan dengan maksimal. <br />Kata Kunci: SNI; Mainan Anak; Efektivitas.


2016 ◽  
Vol 2 (1) ◽  
pp. 74
Author(s):  
Andri Winjaya Laksana

Narcotics abuse has long been a serious problem in many countries. The conviction of narcotics abusers with imprisonment is an illegal law enforcement, narcotics abusers can be regardedas sick and very unwise when people mix up sick people with other offenders. The approach method used in this research is sociological juridical or socio legal research approach, that isthe way or procedure used to solve the research problem by examining secondary data in the form of legal materials or applicable law regulations then followed by conducting research on data Primary in the field. The result of the research shows that 1) The basis of criminalization of narcotics abuse with rehabilitation system is done with the classification of the Defendant when arrested in the condition of hand caught, 1 (one) day evidence was found with the detail of Law No. 35 of 2009, it was stated positive using narcotics based on Laboratory test letter based on the request of the investigator, Need Certificate from the doctor / soul psychiatrist government appointed by the judge, There is no evidence that the concerned involved in illicit narcotics. 2) The Obstacle of Criminalization Against Narcotics Abuse Culprit with Rehabilitation System due to the conflict between Laws and Regulations on the provision of rehabilitation then becomes the initial trigger for the implementation of rehabilitation in Indonesian punishment system.


2020 ◽  
pp. 8-14
Author(s):  
S. V. Pryima

In the article was investigated the principle of expediency of law interpretation. It is noted that the term “expediency” is close in meaning to the terms “optimality”, “rationality”, “efficiency”. Due to this the principle of expediency is seen in a general way as the principle which requires that the subject should achieve a useful, positive result with applying the optimal set of methods. It is established that the principle of expediency is realized in different branches and institutions of law. Particularly, in the civil procedural law such judicial procedures are based on this principle as examination, storage and provision of evidence, the appointment and realization of expertise, the association and dissociation of claims. It is also noted that the principle of expediency is important in punishing a person, in other words, it is the basis of legal responsibility. In this sphere, it consists in the individualization of punitive measures or punishment depending on the gravity of the offense, taking into account the offender's personality, his welfare and the circumstances of the action. The principle of expediency also means that the chosen measure is relevant to the purposes of responsibility. It is noted that the principle of expediency makes the requirements for conducting different types of legal activity – law-making, law-enforcement, and therefore, it is one of the main principles of law interpretative activity. It is emphasized that the basic idea of this principle is that the act should not be interpreted in the sense which makes it aimless, so, the act cannot be interpreted beyond the purpose for which it was adopted. In the article is also argued that a particular method of setting of a goal of a legal norm is a teleological (purposeful) mean of interpretation. The requirements of the principle of expediency include the aspiration of the public interest and the obligation to apply the verification of interpretative conclusions. The principle of expediency of law interpretation is defined as the interpretative principle, the essence of which is the aspiration of the subject of interpretation to achieve the goal, to obtain a useful, positive result from their activities by using the optimal set of methods for this purpose.


Author(s):  
Оlena Shtefan ◽  

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.


Author(s):  
Ni Nengah Budawati

This study aimed to know and understand about the legal culture of community on the phenomenon of different caste nyentana marriage. This research was empirical legal research legal research with behavioral approaches. The data source consisted of primary data sourced directly at the site of research and secondary data that included legislation, traditional laws, law books, magazines, dictionaries and newspapers. This study used qualitative data analysis which then produced descriptive data.Based on the national legal perspective, there are no differences in the position of husband and wife in different caste nyentana marriage. But in Balinese customary law, it resulted in the wife having a position that is more important than the husband in the family. As in the context of social life, especially in the capacity as krama in the sub-village, then the husband remains responsible for his obligations as krama muani while the wife still serves as krama luh. Related to the legal culture of indigenous people in Tabanan over different caste nyentana marriage, the fact that people are still of the view that marriage is an inter-caste marriage. Thus the legal culture of indigenous people in Tabanan tends to be static. This is motivated by many factors, one of which is either ignorance factor of traditional leaders or traditional krama of Decree of the Parliament No. 11 of 1951 which expressly has abolished inter-caste marriages that often lead to discrimination. Penelitian ini bertujuan untuk mengetahui dan memahami tentang budaya hukum masyarakat terhadap fenomena hukum perkawinan nyentana beda wangsa. Penelitian ini ialah penelitian hukum penelitian hukum empiris dengan pendekatan pendekatan prilaku (behavioral approach). Data primer bersumber langsung dari lokasi penelitian, sedangkan data sekunder berupa peraturan perundang-undangan, awig-awig­, literature hukum, majalah, kamus dan surat kabar. Pada penelitian ini data dianalisis secara kualitatif yang kemudian menghasilkan data deskriptif. Berdasarkan perspektif hukum secara nasional, tidak terdapat perbedaan kedudukan suami-isteri dalam perkawinan nyentana beda wangsa. Namun dalam Hukum adat Bali, justru mengakibatkan istri memiliki kedudukan yang lebih penting dibanding suami di dalam keluarga. Adapun dalam konteks kehidupan bermasyarakat, khususnya dalam kapasitas sebagai krama di banjar, maka si suami tetap bertanggung jawab pada kewajibannya sebagai krama muani sedangkan si istri tetap berkedudukan sebagai krama luh. Terkait dengan budaya hukum masyarakat hukum adat di Tabanan terhadap perkawinan nyentana beda wangsa, faktanya masyarakat tetap berpandangan bahwa perkawinan tersebut merupakan perkawinan antar kasta. Dengan demikian budaya hukum masyarakat hukum adat di Tabanan cenderung bersifat statis. Hal ini dilatarbelakangi oleh banyak faktor, salah satu diantaranya ialah faktor ketidaktahuan baik dari pemuka adat maupun krama adat tentang Keputusan DPRD  No. 11 Tahun 1951 yang secara tegas telah menghapus perkawinan antar kasta yang kerap menimbulkan diskriminasi.


2021 ◽  
Vol 9 (1) ◽  
pp. 24
Author(s):  
Fajar Adi Putra

Aceh is a province in Indonesia that applies Islamic law in law enforcement, not infrequently in law enforcement in East Aceh District by prosecutors experiencing obstacles in applying Aceh Governor Regulation No. 5 of 2018 for the perpetrators of Jarimah, so that the implementation up to now the Prosecutor is guided by the Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law. This study aims to find out how the implementation of the Aceh Governor's Regulation No. 5 of 2018 by the Prosecutors in East Aceh District and why the implementation of the Aceh Governor's Regulation is experiencing obstacles. This study uses an empirical juridical approach to the research location in Lapi Class II B Idi, as well as using secondary data and primary data, then collecting data from literature, interviews and observations, and from the results of these data the data are arranged in a descriptive analysis. The conclusion of this study is that Aceh's Governor Regulation Number 5 Year 2018 cannot be implemented in Idi Class II B Prison, so that in carrying out the Prosecutor's whip uqubat based on Article 262 Aceh Qanun Number 7 of 2013, this is due to obstacles encountered by the Prosecutor in implement the Governor Regulation Number 5 of 2018, including the absence of facilities and infrastructure in Class II B Idi prison, the absence of Technical Instructions and Implementing Guidelines related to the implementation of Governor Regulation Number 5 of 2018 from the Aceh High Prosecutor Office and Class II B Idi Prison, the budget which is limited from the local government, will cause a commotion between prisoners, and the community does not know the whip, given the spirit of the whip is to give the effect of shame on the perpetrators and provide lessons for the community.


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